Companies Act 2014

279.

US accounting standards may, in limited cases, be availed of for particular transitional period

279. (1) In this section—

“relevant holding company” means a holding company—

(a) whose securities (or whose receipts in respect of those securities) are registered with the Securities and Exchange Commission of the United States of America, or which is otherwise subject to reporting to that Commission, under the laws of the United States of F52 [ America, ]

F53 [ (aa) which was incorporated in the State prior to the commencement of section 1 of the Companies (Amendment) Act 2017, and ]

(b) which—

(i) prior to 4 July 2012, has not made and was not required to make an annual return to the Registrar to which accounts were required to have been annexed, or

(ii) on or after 23 December 2009 but prior to 4 July 2012, used, in accordance with the provisions of the Companies (Miscellaneous Provisions) Act 2009, US accounting standards in the preparation of its Companies Act individual accounts or its Companies Act group accounts;

“relevant financial statements” means Companies Act entity financial statements and Companies Act group financial statements;

“US accounting standards” means US generally accepted accounting principles, that is to say, the standards and interpretations, in relation to accounting and financial statements, issued by any of the following bodies constituted under the laws of the United States of America or of a territorial unit of the United States of America—

(a) the Financial Accounting Standards Board,

(b) the American Institute of Certified Public Accountants,

(c) the Securities and Exchange Commission.

(2) This section applies to the relevant financial statements of a relevant holding company that are prepared for such of its financial years after it is incorporated in the State as end or ends not later than F54 [ 31 December 2030 ].

(3) To the extent that the use of US accounting standards does not contravene any provision of this Part—

(a) a true and fair view of the assets and liabilities, financial position and profit or loss of a relevant holding company may be given by the use by that company of those standards in the preparation of its Companies Act entity financial statements, and

(b) a true and fair view of the assets and liabilities, financial position and profit or loss of a relevant holding company and its subsidiary undertakings as a whole may be given by the use by that relevant holding company of those standards in the preparation of its Companies Act group financial statements.

Annotations

Amendments:

F52

Substituted (18.07.2017) by Companies (Amendment) Act 2017 (13/2017), s. 1(a), S.I. No. 305 of 2017.

F53

Inserted (18.07.2017) by Companies (Amendment) Act 2017 (13/2017), s. 1(b), S.I. No. 305 of 2017.

F54

Substituted (18.07.2017) by Companies (Amendment) Act 2017 (13/2017), s. 1(c), S.I. No. 305 of 2017.